Friday, 10 August 2012

Section 14 cannot be invoked when lian is made




Citation Name  : 2010  SCMR  681     SHARIAT APPELLATE JURISDICTION
  Side Appellant : Haji BAKHTAWAR SAID MUHAMMAD
  Side Opponent : Mst. DUR-E-SHAHWAR BEGUM
                       
                        Ss. 6, 7 & 14---Constitution of Pakistan (1973), Art.203-F(2B)---Trial Court had refused to frame the charge under section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, on the ground that the petitioner had levelled the charge of adultery etc. against the respondent during the subsistence of marriage and that the dispute being between husband and wife, S.14 of the said Ordinance was attracted in the case---Federal Shariat Court accepting the revision petition filed by the respondent set aside the order of Trial Court and remanded the case with the direction to frame the charge under Ss.6 & 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, and proceed with the case in accordance with law-Validity-Relationship of husband and wife (between the parties) had admittedly come to an end on the day when the petitioner had divorced the respondent and executed the divorce deed---Facts disclosed by the petitioner in his evidence adduced during preliminary inquiry under S.202, Cr.P.C. had revealed that the petitioner and respondent were just a man and a women and not husband and wife, when the petitioners in his three written statements, before his elder brother and allegedly also before a Punchayat in his own house, had made imputation of Zina against the respondent and explicitly alleged that all of her three children were illegitimate children---Action of petitioner, therefore, had clearly attracted the provisions of Ss.6 & 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, and there was no question of S.14 of the said Ordinance being attracted in the case---Leave to appeal was refused to petitioner by Supreme Court accordingly.

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